VINAY KUMAR ETC Vs. JATIN ETC

JUDGEMENT

(1.) Petitioners have been arrayed as LRs of Defendant Kali Charan in a case filed by Ajay Kumar-Respondent No. 2 and Permod Kumar, Respondent No. 5, Plaintiffs, for declaration and permanent injunction. The trial Court has vide impugned order permitted Jatin-Respondent No. 1 as one of the LRs of Kali Charan alongwith the Defendant-Petitioners. The grievance of the Petitioners it that Jatin-Respondent No. 1 is a minor and he is the natural son of Plaintiff-Respondent No. 5 Permod Kumar. Granting permission to Jatin to be impleaded as LRs of Kali Charan will prejudice the rights of the Petitioners as there is an apprehension that he being son of the Plaintiff would admit the claim and will not contest the case of the Plaintiffs causing harm to the interest of the Petitioners, who have also been permitted to be impleaded as LRs of Kali Charan.

(2.) I have heard counsel for the Petitioners. The apprehension of the Petitioners is misconceived as they having been impleaded as heirs of Kali Charan have got a legal right to contest the suit of the Plaintiff-Respondents. Even if Respondent No. 1 has been impleaded as LR in the capacity as alleged adopted son of Kali Charan, the Petitioner will have a right to bring it to the notice of the Court that Jatin-Respondent No. 1 having been impleaded as one of the heirs of Kali Charan, has got a common interest with the Plaintiffs or that he is colluding. In view of the said right available to the Petitioners, I do not find any ground to interfere in the order of impleadment of Respondent No. 1 as LR of Kali Charan. Besides this, it is not out of place to observe here that order of impleading Respondent No. 1 as LR, is merely meant to permit Respondent No. 1 to pursue the case after the death of Kali Charan without giving any independent right as a Defendant in the suit.

(3.) Petition is dismissed without prejudice to the rights of the Petitioners to contest the claim of the Plaintiff- Respondents.